Excerpt: ...they lived on the premises located at 455 S. Union Avenue, #412, Los Angeles, CA 90017. They allege that Sok Chan Kong (“Decedent”) died as a result of a fire as a result of a faulty electrical wiring/system. The <0058004c0003002e005200 0048005600030056004b[e was injured as a result of the fire. Plaintiffs filed a petition for leave to file an action against Defendant Housing Authority <0052005300530052005600 48005600110003[ DISCUSSION Govern...

Excerpt: ...Tornabane”) and Justin Spencer's (“J. Spencer”) <0048004a00480056000300 00490003004400460057[ion for: (1) strict liability against Tornabane and J. Spencer; (2) general negligence against Tornabane and J. Spencer; and (3) general negligence against Defendants Azusa Foothill Village Homeowner's Association and Wheeler-Steffen Property Management, Inc. Tornabane moves for summary judgment on the complaint on the grounds that there are no tria...

Excerpt: ...background, it is important to note that on August 27, 2015, Plaintiff first filed an action against Bruckheimer J & L Family Trust, Jerry Bruckheimer, Linda Bruckheimer, and Charles Fitzer in Case No. BC592624. The parties in that action attended a private mediation on November 2, 2016, and the parties reached a settlement on November 4, 2016. Thereafter, Plaintiff filed a request for dismissal with prejudice against Bruckheimer J & L Family Tru...

Excerpt: ...nst Respondents Gloria Alvarado, Roberto Alvarado, and Gerardo Alvarado (“Respondents”), seeking a dismissal with prejudice of Respondents' arbitration claims. Alternatively, Petitioner seeks evidence sanctions precluding Respondents from presenting any evidence not produced in discovery. The motion is unopposed. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <004900030057004b004800 005500...

Excerpt: ...rd, Reseda, California. The incident occurred on May 25, 2014. The complaint, filed on October 9, 2015, alleges causes of action for: (1) negligence, and (2) loss of consortium by Plaintiff Patrick Leitheiser. Defendant The Vons Companies, Inc. (“Vons”) moves for summary judgment in its favor against Plaintiff on the grounds that: (1) Patricia Leitheiser's claim for negligence fails as a matter of law because Vons was not negligent in the use...

Excerpt: ...or (1) motor vehicle, and (2) general negligence. Plaintiff alleges that on November 2, 2015, Plaintiff tripped and fell while existing a bus operated by the City, and that the fall occurred because of the City's negligence. On December 28, 2017, the City filed a demurrer to the complaint and a request for judicial notice. The filings by the City contained the wrong case number, and City filed an amended demurrer and request for judicial notice o...

Excerpt: ...nd (2) premises liability. Defendant VRC filed a demurrer to the complaint on November 13, 2017. However, Plaintiffs filed a first amended complaint (“FAC”) on December 4, 2017. In addition, Plaintiffs amended the complaint to substitute the true name of Doe 2 as Viking River Tours Ltd. on the same date. Plaintiffs allege that on March 27, 2017, Donald Kreps, who later died from his injuries, tripped and fell while walking down a stair inside...

Excerpt: ... Capuchino Sanches. Also on October 17, 2017, Plaintiff filed a motion seeking leave to file a first amended complaint. On November 15, 2017, the court granted Plaintiff's request. On November 20, 2017, Plaintiff filed the first amended complaint (“FAC”) alleging 13 causes of action including multiple claims for intentional tortious conduct, and negligent conduct by Defendants. Defendants Wedgewood, Maxim, and Niseko (“Wedgewood Defendants�...

Excerpt: ...nt, filed January 11, 2017, alleges a single cause of action for negligence-personal injury. On November 15, 2017, Plaintiff filed a motion to quash subpoena of Defendants' subpoenas to UCLA David Geffen School of Medicine and Columbia University Office of General Counsel. Defendants oppose. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, may make an ord...

Excerpt: ...as commenced on February 21, 2017. Defendant moves for terminating sanctions against Plaintiff for her failure to obey multiple court orders. The motion is unopposed. The Court notes that Plaintiff is currently representing herself in propia persona, as her counsel withdrew on January 8, 2018. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <004900030057004b004800 0055005c000300530055>ocess inc...

Excerpt: ...hicle owned by Defendant City of Los Angeles (“City”). The complaint, filed October 7, 2016, alleges causes of action for motor vehicle and general negligence. <004400550057004c004600 00510003004400510003>informal discovery conference (“IDC”), but were unable to come a resolution. Before the Court is City's motion to compel further discovery responses, including the production of Plaintiff's records from the Los Angeles Fire Department (�...

Excerpt: ...ant allowed a dangerous condition to exist on its store premises. The complaint, filed March 24, 2016, alleges a single cause of action for premises liability. The following facts are undisputed. Plaintiff was wearing rubber flip-flops on the day of the incident. (Fact 4.) She was walking approximately 5 feet behind her daughter-in-law, Yessenia Gonzalez, while carrying an item to purchase while in the Northridge Sears store. (Fact 5-6, 9.) Plain...

Excerpt: ... Plaintiff also alleges that Defendant West Hollywood Properties, LLC maintained a dangerous condition on its property by allowing a five-foot-high hedge grow on their property and obstruct the view of traffic. The complaint, filed July 14, 2017, alleges causes of action for motor vehicle, general negligence, and premises liability. Plaintiff filed a motion to compel the deposition of Pitchford and to request production of documents. Pitchford op...

Excerpt: ...e accident occurred on October 7, 2015. The complaint, file June 21, 2016, alleges causes of action for: (1) motor vehicle; and (2) general negligence. Defendant Camille Chavez (“Chavez”) moves to compel Plaintiff Carol Lynn Sandate to submit to a physical examination and for an order imposing sanctions. The motion is unopposed. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examinati...

Excerpt: ... the death of his mother, Grace Attridge Ramsey (“Decedent”). Plaintiff alleges that on February 11, 2016, Decedent tripped and fell while going to get her mail, causing her to suffer injuries that resulted in her death on April 23, 2016. The complaint, filed June 1, 2017, alleges causes of action for negligence/premises liability and negligence per se. On November 3, 2017, Seth Eberthardt and Myrna Eberthardt (“Eberthardt Defendants”) fi...

Excerpt: ...aintiff alleges that she has cancer and that Bradshaw's conduct caused her health to take a devastating impact. The complaint, filed October 4, 2017, alleges a single cause of action for professional negligence. Defendants Bradshaw and The Total Health Center Acupuncture and Natural Medicine, Inc. (“Defendants”) move for an order compelling arbitration. Plaintiff opposes. DISCUSSION On March 17, 2016, prior to Bradshaw performing treatment on...

Excerpt: ...iff alleges that on June 23, 2015, Defendant performed an anterior cervical discectomy and fusion (the “surgery”) and that Defendant used materials that Plaintiff did not consent to during the surgery. On October 17, 2017, Defendant filed a demurrer to Plaintiff's complaint. A hearing was held on the demurrer on November 15, 2017. The court sustained defendant demurrer as to the second cause of action for failure to state sufficient facts to ...

Excerpt: ...date on this motion, so this motion is filed per the Court's ex parte rules. “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Cour...

Excerpt: ...a (“Plaintiff”) alleges that Defendants picked her up for transportation, but negligently failed to properly secure her during transport, such that she was thrown and injured. The complaint, filed August 9, 2017, alleges causes of action for: (1) motor vehicle collision; (2) general negligence; and (3) negligence per se. On November 6, 2017, Defendants filed an answer to the unverified complaint. Plaintiff now demurs to the answer on the grou...

Excerpt: ...was performing labor at a construction project site on behalf of Defendants 450 S. Western, LLC (“450 S. Western”), New Creations Engineering & Builders, Inc. (“New Creations”), and Art & Son Construction, Inc. (“Art & Son”). The complaint was filed by Decedent's children on March 14, 2016, alleging causes of action for: (1) premise liability; (2) failure to warn of unsafe condition; (3) negligent failure to provide required safeguard...

Excerpt: ...ses. Specifically, Plaintiff alleges a “disabled vehicle” that was not properly secured rolled backwards, colliding and impacting into Plaintiff. The complaint, filed April 8, 2016, alleges causes of action for: (1) negligence; and (2) gross negligence. On December 12, 2017, Plaintiff filed this instant motion for leave to amend the complaint to add a cause of action in strict liability. (See Mot. at Ex. A [Proposed First Amended Complaint].)...

Excerpt: ...Maravilla”) (collectively, “Defendants”), for injuries sustained as a result of a motor vehicle accident that occurred on June 25, 2015 at or about Monroe St. by Dr. Carreon Blvd. in Indio, California. The complaint alleges causes of action for general negligence and motor vehicle. On November 9, 2017, SMS filed this instant motion to change venue from Los Angeles County to Riverside County Superior Court. Plaintiffs oppose. SMS untimely fi...

Excerpt: ...ndant to produce certain documents requested at deposition, consisting of written correspondence between Defendant and its current and former counsel. Defendant opposes. The parties attended an informal discovery conference on November 14, 2017, but were unable to come to a resolution. DISCUSSION The parties do not dispute that the documents at issue are protected under the attorney- client privilege. However, Plaintiff argues Defendant should pr...

Excerpt: ...a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. <0048005b004c0056005700 00510057000300570052> CRC, Rule 3.1332 because the ...

Excerpt: ...e, where Plaintiff appeared, but at Plaintiff's counsel's oral request, the Final Status Conference was continued to <0057004800500045004800 0014001a000f00030033>laintiff did not make an appearance to the Final Status Conference/Court Trial, and no communication with the Court was made as to why there were no appearances by counsel or the parties. Accordingly, the Court ordered that the action in its entirety be dismissed without prejudice based ...